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ObamaCare 'Must Be Declared Void' (updated) [Simply explained]
American Thinker ^ | January 31, 2011 | Thomas Lifson

Posted on 01/31/2011 2:14:49 PM PST by jazusamo

The lawsuit in Florida against ObamaCare's individual mandate, joined by 26 states, has resulted in a victory for the states. Federal judge Roger Vinson has issued a decision declaring the entire act "void" because of the lack of a severability clause -- the poorly drafted legislation's "fatal flaw." From IBD's Capital Hill blog:

In a challenge by 26 states, Vinson ruled that "because the individual mandate is unconstitutional and not severable, the entire Act must be declared void." Vinson did not issue an injunction to block ObamaCare.
Obviously, the case will be appealed to the Supreme Court, and this decision helps make that review more certain.

Update:
Clarice Feldman sends this link to the decision text.

William Jacobson of Legal Insurrection writes:

Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient.  In effect, there is nothing left to enjoin, since no part of the law survived.  By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect).  

In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.
Jacobson notes that the decision text includes:

...I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. 
Clarice Feldman highlights this text from the decision:

"It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. "




TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: healthcare; individualmandate; judgevinson; obamacare; unconstitutional
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To: jazusamo

———which arguably does not have authority to implement any aspect of Obamacare.-——

All new hires are toast. Unemployment tops 10%


21 posted on 01/31/2011 2:35:05 PM PST by bert (K.E. N.P. N.C. D.E. +12 .....( History is a process, not an event ))
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To: SouthTexas

An actual reference to the (original) Tea Party.

And what is the modern tea party’s top priority? Repealing ObamaCare.

Ironic.


22 posted on 01/31/2011 2:35:59 PM PST by Brookhaven (Moderates = non-thinkers)
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To: Miss_Meyet

Thanks for linking the Thomas More Law Center, they do stellar work for conservative Christians.


23 posted on 01/31/2011 2:36:03 PM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: I still care

I hope they are all falling all over themselves.


24 posted on 01/31/2011 2:36:13 PM PST by SouthTexas (Is it time for tea yet?)
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To: jazusamo; ImaTexan
This thing should have been null and void due to all the graft, threats, and back-room deals that got it passed.

This ruling is great news, though, and should promptly be put before SCOTUS.

25 posted on 01/31/2011 2:37:33 PM PST by bjcintennessee (Don't Sweat the Small Stuff)
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To: NRG1973

-——They would be wise to not appeal the judge’s ruling ——

Who is they?

There is no they


26 posted on 01/31/2011 2:38:16 PM PST by bert (K.E. N.P. N.C. D.E. +12 .....( History is a process, not an event ))
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To: stylin19a

I’m not positive about this but believe if this ruling goes to SCOTUS as is and Kagan recuses, even if Kennedy joined the three liberals the ruling would stand.


27 posted on 01/31/2011 2:38:32 PM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: 2ndDivisionVet

No, the administration will not ignore the Supreme Court’s ruling on this matter, whatever it is. That simply is not going to happen.


28 posted on 01/31/2011 2:39:12 PM PST by Williams (It's the policies, stupid.)
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To: Scanian

Excuse me?

WHere did you see this? I thought VA struck is as unconstitutional and MO as well but not as far reaching as FL.

This is huge in that this ruling involves 26 other states?

It will take months before it goes before SCOTUS and the better that it does this.

Couple this with Issa’s investigation of why several unions and companies have been granted waivers..


29 posted on 01/31/2011 2:40:41 PM PST by nikos1121
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To: bert
-——They would be wise to not appeal the judge’s ruling ——

Who is they? There is no they

The 0bama administration's justice department is who I was refering to...they should just drop the appeal and move the whole issue back into the political arena where the MSM could help them with it.

30 posted on 01/31/2011 2:41:30 PM PST by NRG1973
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To: Brookhaven

Makes for a beautiful day and I think the sun even came out down here. :)


31 posted on 01/31/2011 2:41:43 PM PST by SouthTexas (Is it time for tea yet?)
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To: bert

disclaimer.......

hot buttered rum is being felt

1 part Captain’s Morgan Cocanut rum 90 proof
2 parts water
generous cloves
ginerous cinnamom
lump of real salted butter
zapped 1:30
2/3 consumed


32 posted on 01/31/2011 2:42:21 PM PST by bert (K.E. N.P. N.C. D.E. +12 .....( History is a process, not an event ))
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To: jazusamo
Thanks for linking the Thomas More Law Center, they do stellar work for conservative Christians.

You are very welcome.

33 posted on 01/31/2011 2:43:27 PM PST by Miss_Meyet (When I was young I was told that anybody could become President; I'm beginning to believe it.)
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To: Williams

Would it surprise you if they tried? Think about who we’re talking about. If this gang isn’t fascist, I don’t know what that word means.


34 posted on 01/31/2011 2:44:38 PM PST by 2ndDivisionVet (Things may come to those who wait, but only the things left by those who hustle. ~Lincoln)
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To: wastedyears
I am all about ridding Obamacare, but I also believe that those risk not having health care should NOT be guaranteed treatment when they report to the hospital unless they pull out a credit card or quickly get a loan from the bank. Why should we pay for those who don't want insurance. That is the only good part of the Obamacare. It ensured that taxpayers were not stuck paying for folks who did not want to pay for health care. That ONE area is amazing that conservatives are against and has amazed me through this entire process. I thought conservatives were for self sufficiency. Well if a person is not forced to have Health Care, they won't. So when they get sick, who pays for it????? We do. I am sick of paying other people's health care while they take their vacations to Tahiti.
35 posted on 01/31/2011 2:51:03 PM PST by napscoordinator
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To: jazusamo
I have a big problem with this part:

That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market.

Congress has the power to address inequities in our health care system? They are allowed to reform and regulate it because it's greater than 1/6th of the economy?? This is a loophole you can drive a Peterbilt through.

Win The Future?

36 posted on 01/31/2011 2:52:13 PM PST by Cyber Liberty (We conservatives will always lose elections as long as we allow the MSM to choose our candidates.)
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To: jazusamo

Yep.


37 posted on 01/31/2011 2:54:17 PM PST by Cyber Liberty (We conservatives will always lose elections as long as we allow the MSM to choose our candidates.)
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To: Cyber Liberty

I hear you. At least we have the House now so if they have to start over it won’t be a slam dunk for the Rats.


38 posted on 01/31/2011 2:56:04 PM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: jazusamo
oh..I see a 4-4 split. so, kagan will have to twist like a pretzel not to recuse herself. In fact, Obamacare is not on her list of 11 cases she would recuse herself from.

It will be interesting.

39 posted on 01/31/2011 2:56:04 PM PST by stylin19a
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To: stylin19a

Exactly and Kagan will have no compunction at all about twisting like a pretzel. Though it’s only a guess I believe Kennedy will side with conservatives on this.


40 posted on 01/31/2011 3:00:00 PM PST by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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